Ed Forchion recently spoke with the Libertarian News Examiner regarding the question of whether or not any of his jurors in his recent Not Guilty court victory on a drug distribution charge exercised their right to nullify bad law. He discusses why he believes that, yes, some of the jurors did nullify. The interview is presented in two parts. Click the title above each of the excerpts to read Parts 1 and 2 of the interview in their entirety.
LNE: Did you use the actual words “jury nullification” or something that indicated that’s what you meant? What did you actually say?
Forchion: I never actually said the words “Jury Nullification” in trial (I’m not stupid) but I clearly said repeatedly that “the law was wrong and not I.” I openly said things like I’m “conviction proof.” I used the term “The law is wrong not I” and told the Jury I disregard the marijuana laws every day daily as do millions of other Americans, the law is a lie – I’ve been using marijuana throughout these proceedings, the cookies and brownies you’ve been watching me eat throughout this trial have been loaded with marijuana! I showed a picture of me with a carton of cigarettes and a pound of marijuana. I did present a case that the law was wrong, not I. I said in opening and closing statements in both trials that I was the victim here of a failed war on drugs! In my opinion everything I wanted to say was said except the words “Jury Nullification.” I absolutely told my Jury to nullify and I was acquitted.
LNE: Do you know for a fact that your acquittal was based on nullification or is that just your opinion? Did you talk to any juror afterwards who admitted to nullification?
Forchion: I truly believe the Jury did engage in jury nullification. Maybe not every juror but the end vote for acquittal was my goal. Two jurors spoke with me. One juror did it on film and I’m going to upload it onto YouTube soon. She said her grandmom has bone tumors similar to mine and she had no intention of putting me in prison. The other one simply said he totally agreed with what I said and had been following me for a long time.